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(영문) 수원지방법원 평택지원 2018.06.21 2017가단52175
경정등기의 청구
Text

1. The portion of the request for cancellation of the registration of co-ownership transfer in respect of shares in 322/963 among the primary claims shall be dismissed, and the same shall apply mutatis mutandis.

Reasons

1. Basic facts

A. With respect to the share of 483/963 shares out of 3183 square meters (hereinafter “instant land”) before Ansan-si, a share transfer registration was completed on October 28, 1965 on the ground of sale (ownership) on October 28, 1965, with each of the shares of 483/289 shares in the deceased E, Mag F, and Dong G.

(hereinafter referred to as “the first transfer registration”). For reference, the remaining 480/963 shares of the instant land were owned by the network E, and the Plaintiff completed the transfer registration of shares due to the inheritance by agreement division.

B. The network E died on May 10, 1984; the network F on July 21, 1978; the network G on July 4, 2008.

Plaintiff

A As the deceased E’s heir, Plaintiff B’s heir, Defendant as the deceased’s heir, the Plaintiffs and the Defendant agreed on the division of inherited property, respectively, to inherit all rights to the instant land to the deceased’s other co-inheritors.

C. The Defendant was the sole owner of the remaining joint-use net G due to the death of the joint-use net F and network E first, and the Defendant completed the share transfer registration as to the share of 483/963 out of the land of this case on the ground that the Defendant inherited the net G.

(hereinafter referred to as “the second transfer registration of shares”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 2 through 5 (including additional numbers), the purport of the whole pleadings.

2. Judgment as to the main claim

A. The Plaintiffs are entitled to ex officio determination on the legality of the part concerning the claim for cancellation of shares in 322/936 shares, and the second share transfer registration based on the premise that the above registration is a joint ownership registration is invalid, and the second share transfer registration is filed at the same time as the claim for cancellation of the second share transfer registration based on the premise that the above registration is a joint ownership registration, and the claim for the share transfer registration based on the recovery of real name as to the shares

In lieu of the cancellation registration, the right to claim the transfer of ownership and the right to claim the cancellation of the invalidation registration, which is allowed in lieu of the cancellation registration, are to restore the title of the true owner.

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